Family Law

Property Settlements

G&S Law Group are here to assist in your Family Law matter, in the unfortunate event of divorce or separation between married couples. The common dispute in Family Law is how to divide the Matrimonial assets (property) and debts between divorcing spouses. G&S Law Group can assist in the various ways this can be done:
1. Financial Agreement on how your property should be divided without any Family Court or Federal Circuit Court involvement.2. If you cannot reach a Financial Agreement, applying to the Family Court or Federal Circuit Court for financial orders, including: a. Financial orders relating to the division of Matrimonial property; and b.Payment of spouse or de facto partner maintenance.
G&S Law Group can confirm the division of Matrimonial assets and debts is set out in the Family Law Act 1975, which provides what the Family Court or Federal Circuit Court considers when deciding Financial disputes after the breakdown of a Marriage or Relationship. There is no formula used to divide your Matrimonial Property. The decision of the Court is made after a consideration of all evidence and what is just and equitable based on the facts and circumstances of your case. G&S Law Group notes the considerations the Family Court or Federal Circuit Court will take into account, include:
1. Matrimonial Assets and debts and what they are worth;2. Direct Financial contributions by each Spouse to the marriage; 3. Spouses wage and salary earnings;4. Indirect financial contributions to the marriage i.e. gifts and inheritances from families;5. Non-financial contributions to the marriage i.e. caring for children and homemaking, and future requirements (age, health, financial resources, care of children and ability to earn).
G&S Law Group notes each Matrimonial Property and financial settlement will probably be different from other Married Couples, you may have heard about.

Superannuation

G&S Law Group notes in the superannuation splitting law treats superannuation as a different type of Matrimonial property, in Family law matters. It allows separating or divorcing couples to value their superannuation and split superannuation payments, although this is not mandatory, as part of your Family Law Property Settlement. NB: Superannuation is still subject to superannuation laws.

G&S Law Group can assist you to split your Super with your Former Spouse or De facto Partner, you will need to apply for Property and Financial orders, in the Family Court or Federal Circuit Court.


Time limitation Property and Financial Settlements

G&S Law Group can confirm that married couples must make an application for a Financial Agreement and property adjustment within 12 months of their divorce becoming final, in the Family Court or Federal Circuit Court.

If you were in a de facto relationship, your applications for a Financial Agreement and property adjustment must be made within 2 years of the breakdown of your de facto relationship, in the Family Court or Federal Circuit Court.

G&S Law Group can assist if you do not apply within these time limits, as will need special permission of the Family Court or Federal Circuit Court. This is not always granted.

Contact G&S Law Group to discuss your Property Settlement, Financial Agreement, or dispute today.


Divorce

G&S Law Group notes if you have separated from your husband/wife and wish to apply for a Family Law Divorce Order then you need to check the following:
1. Separated for a period of twelve (12) months or more (even if living under the same roof) from your Spouse or Partner; 2. Married for more than two (2) years to your Spouse? (If not, there are some additional requirements that we will need to discuss with you) 3. If you have children under the age of eighteen (18) years, you will need to be able to show that satisfactory arrangements have been made for them.
The next step you need to take is contact G&S Law Group to make an appointment, so that we can finalise your Divorce application for you.


Child custody and child support

G&S Law Group notes the most important considerations when making orders about your children are: 1. Allowing children of the Marriage or relationship to continue to have a loving and meaningful relationship with both their Parents and other family members. 2. Parents sharing responsibility for their children of the Marriage or relationship. 3. A safe environment, with no violence or abuse for the children of the Marriage or relationship.
G&S Law Group confirms when making arrangements for your children in Family Law matters, you will need to consider, their age, establishing a regular routine, notice if you wish to change the routine, whether it is reasonably practical for your child to spend equal time with each parent, to name a few.
G&S Law Group can assist you put a formal agreement into place regarding the future of your child.